republic-os/legal/us/code/title-25/chapter-26/section-2415.md

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LegalText	25 U.S.C. § 2415	Federal facilities, property, and equipment; leasing of tribal property	us	united_states_code	code_section	25	INDIANS	26	INDIAN ALCOHOL AND SUBSTANCE ABUSE PREVENTION AND TREATMENT	2415	25 U.S.C. § 2415	current	119-100	2026-06-26	official	https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc25@119-100.zip	/us/usc/t25/s2415	data/legal/raw/us/code/title-25/usc25.xml	04b14d745f70aed2cb11de878a6f655640f1aa997bc01dce48e891361ac6254c	d4661d83bff6862be548ac8e843ba61e942ed983aade7cf83cb7dbc3dcd08168	c4dbf9e3b917cd30951cd2708efffd5639b0252ea4c7805d950676ba60c720c9	2026-07-04	official	legal us-code

25 U.S.C. § 2415 - Federal facilities, property, and equipment; leasing of tribal property

Text

(a) Facility availability In the furtherance of the purposes and goals of this chapter, the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services shall make available for community use, to the extent permitted by law and as may be provided in a Tribal Action Plan, local Federal facilities, property, and equipment, including school facilities. Such facility availability shall include school facilities under the Secretary of the Interior’s jurisdiction: Provided, That the use of any school facilities shall be conditioned upon approval of the local school board with jurisdiction over such school.

(b) Costs Any additional cost associated with the use of Federal facilities, property, or equipment under subsection (a) may be borne by the Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services out of available Federal, tribal, State, local, or private funds, if not otherwise prohibited by law. This subsection does not require the Secretary of the Interior, nor the Attorney General, nor the Secretary of Health and Human Services to expend additional funds to meet the additional costs which may be associated with the provision of such facilities, property, or equipment for community use. Where the use of Federal facilities, property, or equipment under subsection (a) furthers the purposes and goals of this chapter, the use of funds other than those funds appropriated to the Department of the Interior, the Department of Justice, or the Department of Health and Human Services to meet the additional costs associated with such use shall not constitute an augmentation of Federal appropriations.

(c) Leases (1) The Secretary of the Interior, the Attorney General, and the Secretary of Health and Human Services are authorized to enter into long-term leases of tribally owned or leased facilities to house programs established by this chapter where they determine that there is no Federal facility reasonably available for such purpose and the cost of constructing a new Federal facility would exceed the cost of such Federal lease unless they determine that mitigating factors favor such a lease.

(2) A tribally owned or leased facility may be leased pursuant to this authority to house a regional treatment center to be established pursuant to section 2474(b) 11 See References in Text note below. of this title only if all the tribes within the Indian Health Service area to be served by such regional treatment center initially consent to such Federal lease.

(Pub. L. 99–570, title IV, § 4209, Oct. 27, 1986, 100 Stat. 3207–142; Pub. L. 100–690, title II, § 2205, Nov. 18, 1988, 102 Stat. 4217; Pub. L. 111–211, title II, § 241(a)(5), July 29, 2010, 124 Stat. 2289.)

Notes

Editorial Notes

References in TextSection 2474(b) of this title, referred to in subsec. (c)(2), was repealed by Pub. L. 102–573, title VII, § 702(b)(2), Oct. 29, 1992, 106 Stat. 4582.

Amendments2010—Subsec. (a). Pub. L. 111–211, § 241(a)(5)(A), inserted “, the Attorney General,” after “the Secretary of the Interior”. Subsec. (b). Pub. L. 111–211, § 241(a)(5)(B), inserted “, the Attorney General,” after “the Secretary of the Interior” in first sentence, “, nor the Attorney General,” after “the Secretary of the Interior” in second sentence, and “, the Department of Justice,” after “the Department of the Interior” in third sentence. Subsec. (c)(1). Pub. L. 111–211, § 241(a)(5)(C), which directed insertion of “, the Attorney General,” after “the Secretary of the Interior”, was executed by making the insertion after “The Secretary of the Interior”, to reflect the probable intent of Congress. 1988—Pub. L. 100–690, § 2205(1), inserted “; leasing of tribal property” in section catchline. Subsec. (c). Pub. L. 100–690, § 2205(2), added subsec. (c).

Statutory Notes and Related Subsidiaries

Lease and Operation of Facilities in Fairbanks, AlaskaPub. L. 101–630, title V, § 509(b), (c), Nov. 28, 1990, 104 Stat. 4567, provided that: “(b) Lease of Facilities.—The Secretary of Health and Human Services, acting under section 4209(c) and 4227(b) of the Indian Alcohol and Substance Abuse Prevention and Treatment Act [of 1986, 25 U.S.C. 2415(c), 2474(b)], may—“(1) without regard to section 4209(c)(2) of that Act, lease from the Tanana Chiefs Conference facilities that are located in Fairbanks, Alaska, and that the Tanana Chiefs Conference has leased from another entity, and “(2) if the Secretary enters into a lease under paragraph (1) for at least 40 years, renovate the facilities to the extent needed. “(c) Self-Determination Contracts for Staffing and Operation.—The Secretary of Health and Human Services, acting under section 102 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5321], may contract with the Tanana Chiefs Conference to staff and operate the facilities leased under subsection (b), without a request of an Indian tribe, and without regard to the definition and proviso in section 4(l) of that Act [25 U.S.C. 5304(l)].”